REGULAR MEETING - November 24, 2020
BE IT REMEMBERED, that on this 24th day of November A.D., 2020, there was begun and held a REGULAR MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RICHARD F. CORTEZ HONORABLE DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS November 24, 2020 1:45 P.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a REGULAR MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location. As a result, all or some government officials may participate via video conference. Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.
1.
Roll Call (Audio Reference 01m:27s)
Commissioner Cantu called the meeting to order at 1:50 P.M.
All members of the board were present during the roll call, with the exception of Commissioner Flores and Judge Richard Cortez. Judge Cortez joined the meeting at a later time.
Commissioner Cantu called the meeting to order at 1:50 P.M.
All members of the board were present during the roll call, with the exception of Commissioner Flores and Judge Richard Cortez. Judge Cortez joined the meeting at a later time.
2.
Prayer (Audio Reference 01m:50s)
Jaime Salazar offered the prayer.
Jaime Salazar offered the prayer.
3.
Open Forum (Audio Reference 02m:25s)
There were no Open Forum participants.
There were no Open Forum participants.
4.
Approval of Consent Agenda (Audio Reference 02m:35s)
The board moved to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 3 - 0 – Unanimously
The board moved to approve the Consent Agenda. No Consent Agenda items were pulled for further discussion.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval of the Consent Agenda.
Vote: 3 - 0 – Unanimously
5.
General Operations:
A.
AI -78419
Discussion, consideration, and possible action regarding Hidalgo County Drainage District's No.1 application for FEMA Flood Mitigation Assistance Grant Program. (Audio Reference 02m:58s)
Commissioner Torres voiced how important the grant program would be for the county, and requested the support of the board.
Judge Cortez joined the meeting.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
Commissioner Torres voiced how important the grant program would be for the county, and requested the support of the board.
Judge Cortez joined the meeting.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.A.
Vote: 4 - 0 – Unanimously
B.
AI -78371
Requesting approval to complete and submit the attached credit application document required by Precision Pump Systems, for the purpose of setting up an account to procure supplies, including authority for General Manager or his designee to execute document. (Subject to legal review) (Audio Reference 05m:59s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.B.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -78377
Requesting approval to purchase two (2) Noram 65E-T Motorgraders (Demo), through the District's membership with PCA awarded Contract No. OD-328-20 from Bluecat Rentals in the total amount of $289,850.00. (Procurement reference HCDD1-20-075) (Audio Reference 07m:00s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 5.C.
Vote: 4 - 0 - Unanimously
Attachments:
D.
AI -78388
Requesting approval to reject sole bid received for the project: "Inlets, Manholes and Related Items", through RFB No. HCDD1-20-064-11-04, so as to attempt to encourage more vendor participation with the re-advertisement of the project. (Audio Reference 07m:29s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.D.
Vote: 4 - 0 -Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 5.D.
Vote: 4 - 0 -Unanimously
6.
2018 Bond Referendum Projects:
A.
AI -78382
PD Lateral Ph.1-Budget 529
Application for Payment No. 2 in the amount of $337,247.05 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-026-06-23 PD Lateral Ph.1. PO#640211.
PD Lateral Ph.2-Budget 529
Application for Payment No. 1 in the amount of $12,247.20 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-029-06-10 PD Lateral Ph.2. PO#640212. (Audio Reference 07m:52s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 4 - 0 – Unanimously
Application for Payment No. 2 in the amount of $337,247.05 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-026-06-23 PD Lateral Ph.1. PO#640211.
PD Lateral Ph.2-Budget 529
Application for Payment No. 1 in the amount of $12,247.20 from Mor-Wil, LLC pertaining to Construction Contract No. HCDD1-20-029-06-10 PD Lateral Ph.2. PO#640212. (Audio Reference 07m:52s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -78434
Requesting approval of Change Order No. 3 reflecting an increase in the amount of $288,286.75, and One Hundred and Twenty (120) additional construction calendar days, in connection with contract No. C-HCDD1-19-074-11-26 -Hidalgo County Drainage District No. 1 "Mission Lateral (Section I) -2018 Bond Referendum project #26" with Saenz Brothers Construction as recommended by project engineer, Damien B. Tijerina, P.E., L&G Engineering (subject to compliance to HB1295). (Audio Reference 08m:32s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 6.B.
Vote: 4 - 0 - Unanimously
Attachments:
7.
2012 Bond Referendum - 2013 Bond Series:
A.
AI -78390
1. Requesting approval to accept bids and award a Construction Contract to the lowest and best bidder meeting all specified requirements, to Saenz Brothers Construction , LLC , for RFB No. HCDD1-20-063-11-12, “P.S.J.A. Lateral Drain Ditch Improvements (Earling Road to South Main Drain Phase I)," Base Bid including Alternate No. 1, in the total amount of $2,257,709.50 and as recommended by project engineer, Javier Hinojosa Engineering (subject to Legal Review and Compliance with HB1295). (Audio Reference 09m:09s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor." (Audio Reference 09m:46s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.2.
Vote: 4 - 0 – Unanimously
3. Requesting approval of Budget Amendment from 2013 Bond Series Capital Projects Fund 133 to transfer $630,000.00 from the South Floodwater Channel Project to the P.S.J.A. Lateral Construction Account. (Audio Reference 10m:12s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.A.3.
Vote: 4 - 0 -Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.1.
Vote: 4 - 0 – Unanimously
2. Pursuant to TXLGC 262.031 and in the interest of expediting a project's progress, requesting authority/approval for Drainage District General Manager, Raul E. Sesin, P.E., CFM, to execute change orders that involve ...'an increase or decrease in cost of $50,000.00 or LESS and in no event to exceed the Change Order's statutory limits...'. The original contract price may not be decreased by 18 % or more without the consent of the contractor." (Audio Reference 09m:46s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.A.2.
Vote: 4 - 0 – Unanimously
3. Requesting approval of Budget Amendment from 2013 Bond Series Capital Projects Fund 133 to transfer $630,000.00 from the South Floodwater Channel Project to the P.S.J.A. Lateral Construction Account. (Audio Reference 10m:12s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 7.A.3.
Vote: 4 - 0 -Unanimously
Attachments:
B.
AI -78402
Alamo Expressway Drain-Budget 320
1. Application for payment no. 4 in the amount of $169,353.23 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#636128. (Audio Reference 10m:47s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.B.1.
Vote: 4 - 0 – Unanimously
1. Application for payment no. 4 in the amount of $169,353.23 from Castle Enterprises, LLC pertaining Construction Contract No. HCDD1-18-047-09-25-Alamo Expressway Drain Improvements. Project Engineer: Jose Noe Saldivar, P.E.-HCDD1 PO#636128. (Audio Reference 10m:47s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.B.1.
Vote: 4 - 0 – Unanimously
Attachments:
C.
AI -78443
Jackson Drain Improvement-Budget:310
1. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25 Jackson Drain Improvements. (Audio Reference 11m:10s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.C.1.
Vote: 4 - 0 -Unanimously
2. Application for Payment No. 6-Retainage Release in the amount of $28,694.14 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25 Project Engineer: Jose N. Saldivar,P.E.-HCDD1 PO#636129. (Audio Reference 11m:31s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.C.2.
Vote: 4 - 0 – Unanimously
1. Acceptance of Certificate of Construction Completion from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25 Jackson Drain Improvements. (Audio Reference 11m:10s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 7.C.1.
Vote: 4 - 0 -Unanimously
2. Application for Payment No. 6-Retainage Release in the amount of $28,694.14 from Castle Enterprises, LLC pertaining to Construction Contract No. HCDD1-18-048-09-25 Project Engineer: Jose N. Saldivar,P.E.-HCDD1 PO#636129. (Audio Reference 11m:31s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 7.C.2.
Vote: 4 - 0 – Unanimously
8.
General Fund:
A.
AI -78386
Recommending bid award and approval to issue a Purchase Order to Rio Valley Pipe, LLC dba CAPA, the sole responsible bidder meeting all requirements / specifications for the advertised RFB No. HCDD1-20-068-11-18, "Purchase of Precast Culvert Boxes Size 10 ft x 5 ft for Alamo Expressway Drain-Crockett Road Crossing", in the total amount of $85,732.29. (subject to compliance with HB1295 when and if applicable). (Audio Reference 12m:57s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 - Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 8.A.
Vote: 4 - 0 - Unanimously
Attachments:
B.
AI -78374
Requesting approval to declare surplus for approximately 21,500 Cubic Yards of Fill Dirt located at South Main Drain II(Between Veterans Rd. & Raul Longoria Rd.) in as much as an attempt was made for the sale and removal through RFB No.: HCDD1-20-067-11-18 and as advertised for (2) two consecutive weeks, and No Bids were received. (Audio Reference 13m:30s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.B.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.B.
Vote: 4 - 0 – Unanimously
Attachments:
9.
Right of Way Acquisitions:
A.
AI -78389
Requesting approval of closing documents for Parcel 24-E21 as it relates to Project 24 of the 2018 Drainage Bond Program - Mile 9 N & FM 1015 project and authority for the Chairman of the Board to execute documents. (Audio Reference 13m:58s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.A.
Vote: 4 - 0 – Unanimously
Attachments:
B.
AI -78427
Requesting approval of closing documents for Parcel 2-3 as it relates to Project 2 of the 2018 Drainage Bond Program - 3 3/4 Mile Rd. & Shuerbach Rd. project and authority for the Chairman of the Board to execute documents, subject to final legal review. (Audio Reference 14m:18s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.B.
Vote: 4 - 0 – Unanimously
Attachments:
10.
Closed Session:
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 14m:36s)
The board proceeded into Closed Session at 2:04 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceeded into Closed Session.
Vote: 4 - 0 – Unanimously
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 14m:36s)
The board proceeded into Closed Session at 2:04 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval to proceeded into Closed Session.
Vote: 4 - 0 – Unanimously
A.
Real Property (Tex. Gov't. Code 551.072)
Reference item 11.A.
Reference item 11.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference item 11.B.
Reference item 11.B.
C.
Consultation with Attorney Regarding:
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) a Matter in Which the Duty of the Attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't. Code 551.071)
No action was taken on item 10.C.
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) a Matter in Which the Duty of the Attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't. Code 551.071)
No action was taken on item 10.C.
11.
Open Session: (Audio Reference 15m:15s)
The board returned from Closed Session at 2:22 P.M.
Raul Sesin stated that no action was to be taken on any open session items, and that the administration will proceed as directed, as discussed in Closed Session.
The board returned from Closed Session at 2:22 P.M.
Raul Sesin stated that no action was to be taken on any open session items, and that the administration will proceed as directed, as discussed in Closed Session.
A.
Possible Action of Real Estate Acquisition
No action was taken on item 11.A.
No action was taken on item 11.A.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on item 11.B.
No action was taken on item 11.B.
12.
Adjourn (Audio Reference 15m:27s)
Judge Cortez adjourned the meeting at 2:22 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
Judge Cortez adjourned the meeting at 2:22 P.M.
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 4 - 0 - Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 24th day of November, 2020
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on November 24, 2020.
Signed this 25th day of November 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners' Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 24th day of November, 2020
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on November 24, 2020.
Signed this 25th day of November 2020
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy